DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.545 of 14.12.2021

                                      Decided on: 9.7.2024

Mr.Gurjinder Singh Gill s/o Shri Saudagar Singh Gill, H.No.149-A,Chinar Bagh, Urban Estate, Phase-II, Patiala, Punjab, Pin 147002.

                                                                   …………...Complainant

                                      Versus

1. M/s Kumar Electronics, Shop No.15, Main Bazar, Tripuri, Patiala,Punjab-Pin-147001, through its Proprietor (Mobile No.9915676976)
2. KAFF Appliances (India) Pvt. Ltd.,Corporate Office: SS Plaza 4^th Floor, Opposite Hilton Garden INN,Sector-47,Gurugram, Haryana-122001.Customer Care No.18001802221,customercare@kaff.in.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi,Member

ARGUED BY

                                      Sh.Gurjinder Singh Gill, complainant in person.

                                      None for the opposite parties.

 ORDER`

                                      GAGANDEEP GOSAL, PRESIDENT

1. The instant complaint is filed by Sh.Gurjinder Singh Gill (hereinafter referred to as the complainant) against M/s Kumar Electronics (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred  in the complaint that the OP No.1 is engaged in the business of selling consumer durables like kitchen chimneys, washing machines, air conditioners etc. and OP No.2 is the manufacturer of brand kitchen chimneys.
3. It is averred that on 28^th may,2001 complainant purchased one A brand kitchen chimney manufactured by OP No.2 from the show room of OP No.1 vide cash memo No.97 for a consideration of Rs.16300/- with the assurance given by Op No.1 that KAFF chimney and its spare parts are imported from Italy. It was noticed by the complainant that there is no product serial number on invoice as well as on product box and also there is no registration of the product on the website of OP No.2.Complainant reported the matter to OP No.1 on 29.5.2021.The technician of the company visited on 29.5.2021 and asked for Rs.1030/-instead of Rs.630/-.Complainant contacted KAFF customer care number but they failed to resolve the matter. That thereafter complainant  brought the matter to the notice of OP No.2 through emails on 24.6.2021, 7.7.2021 and 16.7.2021 but of no avail. It is averred that complainant also visited OP No.1 for the return of the product which was never opened with the request for refund of the amount but the OPs failed to honour the request of the complainant. Hence this complaint with the prayer to give a direction to the OPs to refund the amount of Rs.16300/- alongwith interest @ 18%; to pay compensation of Rs.75000/- for causing mental agony and harassment and also to pay Rs.5000/- as costs of the complaint.
4. Upon notice OPs No.1&2 appeared and filed reply having contesting the case of the complainant by raising preliminary objections that the complainant has concealed the correct and factual material facts and did not come with clean hands before the Hon’ble Commission. It is averred that product in question was purchased by the complainant on 28.5.2021 and next day complainant approached the dealer to return the chimney without any reason and when the dealer refused to take back the product complainant got installed the chimney from third party which should be installed by the authorized person of the company. That the OPs were still ready to repair the product/replace the defective part free of cost but the complainant refused for the same.
5. On merits OPs reiterated the facts taken in the preliminary objections which are not repeated for the sake of brevity. After denying all other averments OPs prayed for dismissal of complaint.
6. In evidence representative of the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 copy of invoice dated 28.5.2021, Ex.C2 photocopy of photographs of the box of chimney(two pages),Ex.C3 copies of emails sent to OPs(three pages) and closed evidence.
7. With the regard to evidence of OPs, their counsel made separate statement that written statement filed on behalf of OPs No.1&2 be read as evidence of OPs No.1&2 and closed the evidence.
8. Complainant filed the written arguments. We have gone through the same and have also heard the complainant present in person.
9. The complainant had purchased a chimney of the  KAFF brand from OP No.1 vide invoice No.97 dated 28.5.2021 for a consideration of Rs.16300/- as per Ex.C1. The complainant has alleged that at the time of purchase of the said chimney it was conveyed by OP No.1 that the chimney and its spare parts are imported from Itlay. The complainant has also alleged that when the chimney was delivered at his residence it was found of Chinese origin. In addition to above a fee of Rs.630/- as installation charges was agreed to between the complainant and the OPs. However, when on the subsequent date i.e. on 29.5.2021 the technician of the OPs came an amount of Rs.1030/- was demanded as installation charges. The technician also refused to issue any job sheet regarding the installation. Due to this attitude and misrepresentation of facts about the origin of the chimney the complainant refused to get the chimney installed and approached the OP No.1 for the return of the chimney on 29.5.2021 itself. However, when no action was taken by OP No.1 matter was taken up with manufacturer i.e. OP No.2 vide e-mails dated 24.6.2021, 7.7.2021 and 16.7.2021 vide Ex.C3 but no response was received. It is also averred that when the complainant tried to register his complaint on the official website of OP No.2 the same could not be processed as serial number of the chimney required for the registration of the complaint was neither provided in the invoice nor on the packing box. As such complainant has prayed for the refund of the invoice amount alongwith interest, compensation and litigation expenses.
10. OPs in their written statement had agreed that the said chimney was sold to the complainant on 28.5.2021 and the complainant was not satisfied with the specifications of the product and requested for the return of chimney to OP no.1 on 29.5.2021.The OPs have submitted that the chimney was required to be installed by the authorized person of the OPs. However, complainant had got the chimney installed from the 3^rd party. As such the warranty had become null and void and any defect in the chimney is only due to the mishandling of the product by the complainant himself and there is no deficiency in service on the part of the OPs.
11. The complainant in rebuttal to the arguments of the OPs has argued that the question of installation of the chimney does not arise as the chimney is lying sealed and no installation was got done by the complainant. This fact was brought to the notice of OP No.1 on 29.5.2021 i.e. the next day from the date of purchase itself.The averments of the OPs are not true as the chimney is lying sealed condition with the complainant.
12. Admittedly the complainant has purchased the chimney from the complainant on 28.5.2021 and has prayed for the return of the chimney on 29.5.2021 itself as he was not satisfied  with the averments of the OPs with reference to the country/origin of the equipment as well as the demand of additional installation charges by the OPs. The complainant had right away i.e. after only one day had approached the OPs for return of the chimney. The request of the complainant was not honored by the OPs .The matter was also taken up with the manufacturer repeatedly vide e-mails dated 24.6.2021, 7.7.2021 and 16.7.2021 but no fruitful purpose was served.
13. We are of the opinion that the complainant was treated unfairly by the OPs. The complaint is accordingly partly allowed  and we direct the OPs to refund the amount of Rs.16300/-, price of the chimney to the complainant alongwith interest @6% per annum from the date of purchase of the chimney i.e. 28.5.2021 till realization in lieu of the return of the chimney in sealed /packed condition to the OPs. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of certified copy of this order.        
14.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                          President